Issues separatists do not want to discuss – Part 10

Posted on September 17, 2026 by admin

Issue 18 (c))

As Canadians, Albertans have had 41 years (the Charter was effective in 1985) of Charter protection against governments either taking away or diminishing individuals’ freedoms and rights. A very few examples include:

• The federal government, having as it does the constitutional power to define marriage, legalized same-sex marriage in Canada about twenty-two years ago.

• Medical Assistance in Dying (M.A.I.D.) was legalized by the federal government in March of 2021, following the Supreme Court of Canada decision in Taylor, in 2015, which struck down the Criminal Code prohibition on physician-assisted suicide.

• The Charter’s guarantee of freedom of religion, by Supreme Court of Canada interpretation, also includes a guarantee of freedom from religion, for those who want it. This means religious practice in Canada is constitutionally protected, but cannot be made law either solely or primarily because it  is the belief(s) of some people. For example, Sunday closing by-laws in many cities forced retail businesses to close on Sundays until 1985, when those by-laws were invalidated for Charter non-compliance.

Question Eighteen (c)—How will the government of an independent Alberta insure and guarantee that all Alberta residents, who have enjoyed forty-one years of Charter protection of and enhancement of individuals’ rights as against government intervention, will continue to have their rights protected and enhanced?

Issue 18 (d)

In the late 19th century (about 1892 or so) Canada codified its criminal law which was, essentially, English judge-made (common) criminal law. This codification was the first version of the Criminal Code of Canada. The current version exists because our federal government – not the provinces – has constitutional power to make criminal law. Canada’s Criminal Code will not follow into an independent Alberta. During the last forty-one years our Criminal Code has been greatly changed by the Charter and by judicial rulings thereunder.

 Question Eighteen (d)—Since 1905, Alberta society has been governed by and has evolved with the Criminal Code of Canada, as impacted more latterly by the Charter. In 1905, Alberta received the law of England as it then was, thus, an independent Alberta, with no criminal law of its own, will have English criminal law as it was in 1905. Will an independent Alberta have a Criminal Code and a Charter?   

 

Gregory R. Côté, Irvine